New Jersey law does not require private employers to waive drug tests for medical marijuana users, a U.S. District Court Judge ruled yesterday.
As reported by Bill Gallo Jr. in the South Jersey Times, an employee had sued his employer after the company wouldn’t allow him to return to his job as a forklift operator unless he submitted to Breathalyzer and urine screenings.
Judge Robert B. Kugler, sitting in U.S. District Court in Camden, dismissed the case, saying “unless expressly provided for bystatute, most courts have concluded that the decriminalization of medical marijuana does not shield employees from adverse employment actions.”
As medical marijuana becomes more available in New Jersey and the state considers legalizing recreational marijuana, employers are concerned about the impact on their workplaces.
